Military Justice, the NSA, and Independent Election Audits

Recently there were highly publicized hearings in Washington, D.C. on the subject of rape of sexual harassment in the U.S. Military and the military’s failure to make progress in reducing incidents and induce individuals to actually report crimes. One aspect of that is the fact that commanding officers have the responsibility/authority to reduce charges or even pardon the alleged or convicted perpetrators.

Recently there were highly publicized hearings in Washington, D.C. on the subject of rape of sexual harassment in the U.S. Military and the military’s failure to make progress in reducing incidents and induce individuals to actually report crimes. One aspect of that is the fact that commanding officers have the responsibility/authority to reduce charges or even pardon the alleged or convicted perpetrators.

The senior officers were concerned for discipline if an independent authority were made responsible for cases involving rape or sexual harassment. They also said that if a soldier had a very good record of valor, that should be taken into account. Let me explain why an independent authority would be a good idea. The basic reason is that an authority that is not independent can often let self interest get in the way of justice.

I learned that lesson vividly when I was in the Army, serving in Korea during the Vietnam War. As Company Clerk I was seldom directly involved in military justice. A couple of times I helped draft some charges in minor instances and once helped transcribe interrogations as part of an investigation. But in many cases I was privy to the operation of the system on the surface and scuttlebutt behind the scenes. For the most part the system worked reasonably. Sometimes it resulted in trumped-up charges, while in other cases significant crimes or errors were completely overlooked. Why? One reason was that enlisted members often knew of errors and transgressions, including sexual exploits, of others including senior officers. Without any stated threats it seemed that nobody was interested in disciplining those that knew too much, only in helping them avoid problems. Perhaps some of those who avoid discipline today is less for valor than knowledge.

That is why we need independent post-election audits, not overseen by the registrars and Secretary of the State responsible for conducting elections. That is why we need transparency and public verification of elections. Everyone makes mistakes from time to time in executing their responsibilities. Most are innocuous, some result in vulnerabilities, and others are intentional transgressions or fraud – from stealing elections, impeding or assisting candidates in ballot access, to lucrative contracts, to cutting corners. In reality, most employees know of some of their bosses and colleagues skeletons and vice-verse, in the military, in business, and government. Whistle blowers can help but transparency and independence are much reliable.

Lets add the same applies for the NSA revelations of Edward Snowdon. We cannot be sure how extensive the problem of access to information actually is. But there are huge limits on the “trust me” model that says there are limits on how the information is used. Human nature tells that if someone can get at the data it will be used for whatever purpose the person desires, to whatever benefit that person desires, at least in some cases. Say what one will about the low level education or rank of Bradley Manning and Edward Snowdon, they had access to huge amounts of information – they and many others have that access. It does not take that much expertise if you are given the keys to the information vault – we and the Congress are in no position to know what the actual access is.

Sometimes what sounds convincing and workable, is not. We need independent military justice, independent transparent election verification, and independent transparent information security.

Ironic: U.S. calls for increased election integrity … in Venezuela

This is about as ironic as it gets. First the United States has no mechanism for a full recount or audit of its national elections. Second, the call officially comes from John Kerry who overruled his friends, advisers, and supporters to throw in the towel early on the day after the Nov 2004 election, in spite of massive charges of fraud in Ohio – allegations, since largely justified.

The U.S. called for a recount of the Venezuelan election: <read>

The United States is hesitating to recognise Nicolás Maduro as president of Venezuela and has called for a recount of the vote from Sunday’s closely fought election. The procrastination is likely to embolden Venezuela’s opposition and enrage many on the left in Latin America, who have long accused the US of interfering in the region’s politics. The US secretary of state, John Kerry, said he had yet to evaluate whether the disputed result was legitimate when asked about the matter by members of the House of Representatives. “We think there ought to be a recount,”

This  is about as ironic as it gets. First the United States has no mechanism for a full recount or audit of its national elections. Only about half the states have recount laws for close votes Even those are in question since the Supreme Court ruling in Gore v. Bush that just in the one state of Florida recounts could not be completed because of time and inadequate consistency. Second, the call officially comes from John Kerry who overruled his friends, advisers, and supporters to throw in the towel early on the day after the Nov 2004 election, in spite of massive charges of fraud in Ohio – allegations, since largely justified.

We remember not so long ago another President saying “We need to fix” our election system. We recall letters from scientists, officials, and advocates calling for better audit and recounts, along with paper ballots for the country. We note the President ignored those calls from his own country for such reforms. Instead that President called only for needed, yet superficial, reforms to shorten lines on election day.

How good is Venezuela’s election system? At least one former President who should know, Jimmy Carter, calls it the best in the world! <read>

The Carter Center, founded by former U.S. president Jimmy Carter in 1982, is a non-profit human rights organization with a self-described emphasis on â??seeking to prevent and resolve conflicts, enhance freedom and democracy, and improve health around the world. Founder and former President Jimmy Carter recently stated “As a matter of fact, of the 92 elections that we’ve monitored, I would say the election process in Venezuela is the best in the world” Hector Vanolli, director of the Carter Center in Venezuela, says that the automization (is this a word?) of every step of the process, from pre-election voter registration, to election day voting, to post ballot tallying, along with its auditability, is what sets the Venezuelan electoral system apart from other countries.

Yet not to let a question go unanswered, Venezeula announced last night that it will audit 46% of its elections. Why 46%? Because the automatically audited 54%, way beyond what any state in the U.S. audits. <read>

Bills Approved Earlier by the GAE Committee

As promised, comments on earlier bills passed through the Government Administration and Elections Committee.

As promised, comments on other bills passed through the Government Administration and Elections Committee.

S.B. 901 Post-Election Audits This bill would allow officials to perform the post-election audit by counting with an identical AccuVote-OS scanner and memory card. Connecticut would go down as in history as the first state to effectively kill post-election audits. Machine Assisted Audits that are publicly verifiable are possible, but not this way.

S.B. 1058 Destroying Unused Absentee Ballots By Town Clerks We would like to see a comprehensive strengthening and standardization of the retention of all ballots. Currently clerks retain voted absentee ballots in manila envelopes in unnumbered tamper evident tape, for six months or twenty-two months. Polling place ballots are retained for the same period by registrars, and are sealed in bags with numbered tamper evident seals, for only fourteen days. Without comprehensive reform, this is essentially a harmless bill.

S.B. 1118 Prohibits Some Criminals From Certification As Moderators A common sense idea, although we know of none who have been. We would like to see the same criminals prevented from becoming Registrars  of Voters and Registrars at minimum required to be certified as Moderators.

 

S.B. 6630 Allowing Delivery of Absentee Ballots At An Agreed Upon Time Codifying what is largely already the actual practice.

 

H.B. 6635 Requiring Election Results To Be Certified By Local Officials Seven Days After An Election We would be for this bill if an earlier or later date were chosen. Recanvasses must be complete eight days after an election. Specifying seven days is too late to cause a necessary recanvass, and too short to reflect the difference made by a recanvass. Looks like more work at a less than useful time.

S.B. 647 A Report On Laws To Be Changed For Online Voting We see no need for another report. We know it is risky, we know it is unconstitutional. Better than S.B. 283 that mandates fax and email voting this year, just like the bill vetoed by Governor Malloy last year.

 

 S.B. 432 National Popular Vote Agreement/Compact An act we have long opposed because it would make a flawed system for electing the President even worse. We would be in favor of the popular election of the President if we had a, verifiablyaccurate, uniform, enforceable, and enforceable election system.

 

S.B. 433 Creating a Democracy Index A well intentioned idea to collect, publish, and track data around election performance. We like the idea, but will remain skeptical until we see what is collected, how accurately it is collected, and if the program is well done for several cycles. Otherwise it may just produce some feel good statistics or be quietly ignored. As Norman Augustine said, tong in cheek, “Most projects start off kind of slow, and then sort of taper off”.

 

H.B. 5999 Provisional Ballots For State And Municipal Offices  A good idea, still needed even with Election Day Registration. e.g. When a voter claims to be eligible to register or to vote when already checked-off and officials question that.

 

H.J. 36 To Change The Constitution To Allow The Legislature To Decide Early Voting We supported this because the Legislature may be in a better position to choose and correct voting methods than the blunt method of specific Constitutional Amendment. But we wonder some times when we see inadequate early voting bills proposed to take effect before and amendment, after years of insisting an amendment is necessary. Either it is or it is not necessary – pass one set of bills with confidence or perhaps face court challenges.

 

ACLU Forum on Electoral Dysfunction

On Wednesday night I participated on a panel in Waterford, CT on Electoral Dysfunction, sponsored by the ACLU, Common Cause and the LWV. It was a very good discussion with a variety of views from the panel, a wide range of excellent questions, and unsurpassed moderation. In the near future we may have video available. I promised to provide more information here on the topics covered.

On Wednesday night I participated on a panel in Waterford, CT on Electoral Dysfunction, sponsored by the ACLU, Common Cause and the LWV.  It was a very good discussion with a variety of views from the panel, a wide range of excellent questions, and unsurpassed moderation. In the near future we may have video available. I promised to provide more information here on the topics covered. I will start by adding links to my prepared remarks:

Introduction

I appreciate the opportunity to talk to you tonight.

  • CTVotersCount is dedicated to voting integrity for the benefit of the voters of Connecticut. We want your vote to count; We want your vote counted accurately; And we wanted it counted exactly once.
  • As a technologist, I am dedicated to the responsible, effective and efficient use of technology.
  • Beyond elections and technology, I am committed that Democracy Flourish and to Government that Works for Everyone.

Basic and Bold Steps

Last November, President Obama saw the long lines and said “We need to fix that. In response we posted three sets of basic and bold steps to fix our elections and democracy; For Connecticut Elections;  For U.S. Elections; and steps Beyond Election Integrity. Ten basic and bold steps in all.  Tonight I will highlight just four.

  • First, for Democracy: Media Reform – A necessary requirement for democracy according to the founders. Saving the Internet is a last ditch start.
  • If you want more details on these or any of the other topics I discuss today, visit CTVotersCount.org tomorrow.
  • Second idea, for U.S. Elections: Mandate paper ballots optically scanned, nationwide; With recounts and independent manual audits; H.R. 12 co-sponsored by each of Connecticut’s House Members would do just that.
  • Next, fix the 12th Amendment and the Electoral Count Act; [I wonder how many of you know what they are? I will have more to say later].
  • Finally for Connecticut: Do For Elections What We Have Done For Probate:
    • Regionalize, Professionalize, Economize
    • Our town-by-town election system relies on 339, registrars of voters, often very part time, inadequately funded and trained. This system limits our capacity for serving voters and providing voting integrity. We can save money, yet also improve service and integrity.
    • Regionalization is key to efficient early voting and fixing our woeful ballot chain-of-custody.

IRV

Now for IRV and the NPV. I have three concerns with IRV

  • First, surveys show voters do not understand IRV. I am opposed to any voting scheme that requires a smarter voter.
  • Second, in close elections, where it might have value, it can take days or weeks to determine a winner, IRV is technically challenging to count, audit, and recount. The challenges grow with the size of the jurisdiction.
  • Finally, IRV does not deliver as promised – it provides the smarter voter with an impossible challenge to help and not hurt their candidate.

That is all I will say for now on IRV. Like all voting methods can be a crap shoot.

National Popular Vote Agreement

There are more serious issues with the National Popular Vote Agreement.

Like many of you, I learned in the fifth grade, in Ms. Hesbelt’s class, of the odd and unique Electoral College. She taught that we should elect our President by National Popular Vote.  I believed that. I still do.

I have come to view our election system, through the eyes of a computer scientist. Reading the Agreement in 2007, I immediately saw unrecognized problems. Since then, I have continued to study our presidential election system, the Agreement, and those unrecognized problems,

I am convinced that the Agreement, cobbled onto an already risky system for determining the winner adds to that systems flaws. Seriously so.

I suspect, many of you also believe in electing the President by popular vote.

Today I do not expect to change many long held beliefs, but ask you to be to open some to ideas that you are not aware of, some consequences you have yet to consider –unintended, unrecognized, and unacknowledged consequences of the Agreement.

Choosing the President is governed by the 12th Amendment and the Electoral Count Act. The Supreme Court has ruled that they must be followed exactly — Causing the debacles in 1876 and 2000. Legal scholars call these laws a  “Ticking Time Bomb”. The Agreement would not change that.

Just some states have audits and recounts. In 2000 the Supreme Court ruled that there was no time for Florida’s recounts and that they were insufficiently uniform.

Some say Recounts and Audits are unnecessary in a national popular vote. Some say they are possible under current law. I beg to disagree.

Many believe Al Gore won the popular vote in 2000. I say, “Without audits, how do you know”.

If just Florida had sufficient, timely recounts in 2000, and just Ohio had sufficient audits in 2004, we might have had a different candidate declared President. Or! Or we might have a lot more evidence and confidence that the winner was correctly decided.

Under the Agreement there would be no recount or audit to verify results in any election. Current audits and recounts, available in only about half the states are based, on close votes within a single state. Most could not be accomplished in time to satisfy Electoral Count Act. There is no national body to call for a recount, audit, or assess results.

Even worse, there is no official national popular vote number available in time to determine a winner, for Secretaries of State to choose their electors.

The official numbers are required to be sent to the Federal Government days after electors must be chosen and vote in each state. If you think that a future Ken Blackwell or Catherine Harris would not delay their official results to hamper the process, I would like to know what planet you live on.

Add to these risks several items;

  •  There are many reasons under this scheme that voters, candidates, and officials could challenge the results provided and used by Secretaries of State. Any close election would likely end in a Supreme Court; likely to choose the President based on the precedents set in 2000 and 1876.
  • The Agreement does not make every voter equal, and cannot make every vote equal. Each state has a different franchise. A different level of voter suppression or encouragement.
  • The result of the Compact will be a race to the bottom without uninform voting methods, access, enfranchisement and integrity from state to state.
  • Currently fraud, error, and suppression is limited to swing states, with the Agreement it would be open season, without audits, recounts, or an official popular vote number.

Many of you will ask “If we elect our Governor by popular vote, why not the President.” The answer is that we have uniform election laws across Connecticut. We have an equal franchise, audits, and recanvasses.

Finally, let me encourage you to keep an open mind. Consider these unrecognized consequences. There are prerequisites to a trusted, credible National Popular Vote.

Thank you,

We had two minutes each to reply to questions from the audience. A couple of those merit additional links.

  • Media Reform – for ideas on where to start, I suggested John Nichols excellent book: The Death and Life of American Journalism
  • Better Voting Systems – I could only allude to the possibility and promise of better voting systems designed to serve the voters and officials, while providing election integrity. We are aware of two efforts, led by Dana DeBeauvoir, Travis County Texas, and Dean Logan, LA County, California. We will have more to say soon on Debeauvoir’s latest update presented at NIST and Logan’s effort. For now here is our coverage of DeBeauvoir’s effort as of two years ago <read>

Note: Deputy Secretary of the State James Spallone participated in the panel, replacing Cheri Quickmire from Common Cause, who unfortunately could not attend.

Testimony against six bills and for one

All of these bills are well intended. In fact, I would support most of the concepts, yet in only a single case could I support one of these bills , based on huge gaps between the good intent and the actual details present and missing in those bills.

Let me echo again, Paul Krugmann:

Three decades ago, when I went off for my year in the United States government, an old hand explained to me the nature of the job: it was mostly about fighting bad ideas. And these bad ideas, he went on to explain, were like cockroaches: no matter how many times you flush them down the toilet, they keep coming back.
Paul Krugman

All of these bills are well intended. In fact, I would support most of the concepts, yet in only a single case could I support one of these bills , based on huge gaps between the good intent and the actual details present and missing in those bills.

Oppose:

  • S.B. 901 – all but eliminate our post-election audits
  • H.B. 6428 – Town by town electronic check-in
  • S.B. 775 and S.B. 777 – Town by town, pollworker by pollworker check-in and polling-place lookup
  • S.B. 779 and H.B. 6429 – Make cross-endorsed voting easier on officials, more work for  voters

Favor:

  • S.B. 1058 – Minor change to destruction of blank absentee ballots – lots more we should address beyond this minor change

Each of the .PDFs has a link to the associated bill(s)

Nov 2012 Post-Election Audit Report – Flawed From The Start

Coalition Finds Continuing Problems with Election Audit and A New Flaw

Post-Election Audit Flawed from the Start by Highly Inaccurate List
of Election Districts

The report concluded, the official audit results do not inspire confidence because of the:

  • Lack of integrity in the random district selection.
  • Lack of consistency, reliability, and transparency in the conduct of the audit.
  • Discrepancies between machine counts and hand counts reported to the Secretary of the State by municipalities and the lack of standards for determining need for further investigation of discrepancies.
  • Weaknesses in the ballot chain-of-custody.

Coalition spokesperson Luther Weeks noted, “We found significant, unexplained errors, for municipalities across the state, in the list of districts in the random drawing. This random audit was highly flawed from the start because the drawing was highly flawed.”

Cheryl Dunson, President, League of Women Voters of Connecticut, stated,, “Two years ago, the Legislature passed a law, at the Secretary of the State’s request, which was intended to fix inaccuracies in the drawing. For whatever reason, errors in the drawing have dramatically increased.

Weeks added, “Some officials follow the audit procedures and do effective work. This year one town investigated discrepancies and found errors to correct in their election procedures – that is one value of performing the audits as intended.”

Without adherence to procedures, accurate random drawings, a reliable chain-of-custody, and transparent public follow-up, when discrepancies are reported, if there was ever a significant fraud or error it would not be recognized and corrected.
<More Details>

<More Details>

Coalition Finds Continuing Problems with Election Audit and A New Flaw

Post-Election Audit Flawed from the Start by Highly Inaccurate List
of Election Districts

 The report concluded, the official audit results do not inspire confidence because of the:

  • Lack of integrity in the random district selection.
  • Lack of consistency, reliability, and transparency in the conduct of the audit.
  • Discrepancies between machine counts and hand counts reported to the Secretary of the State by municipalities and the lack of standards for determining need for further investigation of discrepancies.
  • Weaknesses in the ballot chain-of-custody.

Coalition spokesperson Luther Weeks noted, “We found significant, unexplained errors, for municipalities across the state, in the list of districts in the random drawing. This random audit was highly flawed from the start because the drawing was highly flawed.”

Cheryl Dunson, President, League of Women Voters of Connecticut, stated,, “Two years ago, the Legislature passed a law, at the Secretary of the State’s request, which was intended to fix inaccuracies in the drawing. For whatever reason, errors in the drawing have dramatically increased.

Weeks added, “Some officials follow the audit procedures and do effective work. This year one town investigated discrepancies and found errors to correct in their election procedures – that is one value of performing the audits as intended.”

Without adherence to procedures, accurate random drawings, a reliable chain-of-custody, and transparent public follow-up, when discrepancies are reported, if there was ever a significant fraud or error it would not be recognized and corrected.
<More Details>

Aug 2012 Primary Audit Observation Report

Coalition finds 31% of Official Audit Reports Lack Critical Data

Municipalities failed to report data critical to audit evaluation. Increasing numbers choose paper only elections, avoiding scanners and audits.

The report highlighted concerns with two increasing trends:

  • An increase in missing and incomplete official reports. There are 16 of 52 (31%) reports with errors making it impossible to determine if machines had functioned properly. What basis is there to trust audits, with this significant level of error in reporting?
  • Up up to 19 towns avoided optical scanners and audits by conducting paper only elections. Such voting is not audited, not transparent, and error prone based on past observations of hand counts.

We conclude, based on our observations and analysis of official audit reports submitted to the Secretary of the State, that the August post-election audits still do not inspire confidence.
<Full Report (.pdf)> <Press Release> <Review detail data and municipal reports>

<Full Report (.pdf)> <Press Release>  <Review detail data and municipal reports>

Coalition finds 31% of Official Audit Reports Lack Critical Data

Municipalities failed to report data critical to audit evaluation. Increasing numbers choose paper only elections, avoiding scanners and audits.

The report highlighted concerns with two increasing trends:

  • An increase in missing and incomplete official reports. There are 16 of 52 (31%) reports with errors making it impossible to determine if machines had functioned properly. What basis is there to trust audits, with this significant level of error in reporting?
  • Up up to 19 towns avoided optical scanners and audits by conducting paper only elections. Such voting is not audited, not transparent, and error prone based on past observations of hand counts.

We conclude, based on our observations and analysis of official audit reports submitted to the Secretary of the State, that the August post-election audits still do not inspire confidence because of the continued:

  • Lack of integrity in the random district selection and race selection processes.
  • Lack of consistency, reliability, and accuracy in the conduct of the audit.
  • Weaknesses in the ballot chain-of-custody.
  • Missing or incomplete reports, lacking critical information.

Cheryl Dunson, League of Women Voters of Connecticut’s President, stated, “When officials submit reports missing basic data such as the number of votes counted by hand or by optical scanner, it defeats the purpose of the audits – on what basis can we determine the accuracy of optical scanners without such information?”

Luther Weeks, Coalition Executive Director, stated, “In the past, many officials argued that their staffs cannot accurately count ballots by hand in the ideal conditions afforded by audits, yet now an increasing number choose to forgo optical scanning and report results based on unaudited hand counts performed in the more trying conditions of election night”.

The report found little change from past observations and conclusions and little progress by officials in improving post-election audit integrity. Because of ongoing shortcomings in the performance of post-election audits, the Coalition continues to urge our state election officials to offer more guidance to local personnel and to require more consistency in the conduct of the audit.

Weeks noted, “Once again as a public service we are providing online images of the official audit reports from local registrars, along with our digitized data so that anyone can audit our work.”

<Full Report (.pdf)> <Press Release>  <Review detail data and municipal reports>

75 Districts randomly selected for Nov post-election audit

Selected Districts

 

On Monday the Secretary of the state randomly selected 75 districts for post-election audit. I assisted by actually selecting the districts from slips of paper in a raffle barrel. You might find the Secretary’s list easier to read in the press release. <Press Release>

Selected Districts

 

On Monday the Secretary of the state randomly selected 75 districts for post-election audit. I assisted by actually selecting the districts from slips of paper in a raffle barrel. You might find the Secretary’s list easier to read in the press release. <Press Release>

What We Worry? What Could Go Wrong On Election Day?

America’s elections are run entirely on the honor system. What could possibly go wrong?

Detroit News op-ed: BenDor and Stanislevic: What could go wrong on Election Day? <read>

We worry that the nation will end up with no confidence in the election results, regardless of who wins.

That’s because we have no systematic way to detect malfunctions in the voting machines or tabulators on Election Day…

We worry that there could be widespread fraud in the sending of voted military and overseas ballots by fax, email or other vulnerable internet methods…

We fear that close elections will go to the courts without any prospect of credible numbers. This is because of two widespread conditions that preclude complete, meaningful recounts: no paper ballots and no manual counts….In states that do allow a hand recount, like Michigan, the burden is often on the apparent losing candidate, not only to pay for the recount, but also to bear the stigma of “poor loser.” The voting public has no say.

We lose sleep over the prospect of the ultimate disenfranchisement of thousands of voters…

America’s elections are run entirely on the honor system. What could possibly go wrong?

And from the New York Times some “bad news/it could be worse news” if we had the risky National Popular Vote Agreement: Disruption From Storm May Be Felt at the Polls <read>

Some New Jersey voters may find their hurricane-damaged polling sites replaced by military trucks, with — in the words of the state’s lieutenant governor, Kim Guadagno — “a well-situated national guardsman and a big sign saying, ‘Vote Here.’ ” Half of the polling sites in Nassau County on Long Island still lacked power on Friday. And New York City was planning to build temporary polling sites in tents in some of its worst-hit neighborhoods.

Mayor Bill Finch of Bridgeport, Conn., with Secretary of the State Denise Merrill at the Longfellow School, a closed polling place.

The aftermath of Hurricane Sandy is threatening to create Election Day chaos in some storm-racked sections of New York, New Jersey and Connecticut — and some effects may also be felt in other states, including Pennsylvania, where some polling sites still lacked power on Friday morning.

Disrupted postal delivery will probably slow the return of absentee ballots. And with some polling sites likely to be moved, elections officials were bracing for a big influx of provisional paper ballots — which could delay the vote count in places.

Weary local elections officials vowed that the vote would go on. “Come hell or high water — we had both — we’re voting on Tuesday,” William T. Biamonte, the Democratic commissioner at the Nassau County Board of Elections, said in an interview…

With turnout projected to be down in all these states, Mr. Obama could see his share of the national popular vote reduced.

Caltech/MIT: What has changed, what hasn’t, & what needs improvement

The Caltech/MIT Voting Technology Project has released a thorough, comprehensive, and insightful new report timed to the 2012 election. We find little to quibble with in the report. We agree with all of its recommendations.Several items with which we fully endorse were covered in this report which sometimes are missing from the discussion or often underemphasised.

The report itself is 52 pages, followed by 32 pages of opinions of others, including election officials, advocates, and vendors, some of whom disagree with some aspects of the report. Every page is worth reading. The report is not technical. It covers a wide range of issues, background, and recommendations.

The Caltech/MIT Voting Technology Project has released a thorough, comprehensive, and insightful new report timed to the 2012 election: VOTING: What has changed, what hasn’t, & what needs improvement <read>

The report itself is 52 pages, followed by 32 pages of opinions of others, including election officials, advocates, and vendors, some of whom disagree with some aspects of the report. Every page is worth reading. The report is not technical. It covers a wide range of issues, background, and recommendations.

We find little to quibble with in the report. We agree with all of its recommendations although we might place different emphasis in particular areas:

As we have studied the areas where progress has been made since 2001, and where progress has stalled, we have developed the following recommendations. All have been discussed earlier in our report, and we summarize them here. They are not in priority order. First, regarding voting technology, we recommend:

  • Legislation mandating effective election auditing, which at a minimum would require post-election auditing of all voting technologies used in an election.
  • Continued strong support for voting systems security research, emphasizing auditing and the verifiability of election outcomes.
  • A movement toward mandating statistically meaningful post-election audits, rather than setting security standards for election equipment, as the primary way to safeguard the integrity of the vote.
  • A new business model led by states and localities, with harmonized standards and requirements.

Second, regarding voter registration, we recommend: » Streamlining the provisional balloting process in many states and the creation of common best practices and voluntary standards across states.

  • The development of voter verification systems in which states bear the cost of stringent voter ID regimes, in those states that desire to increase ID requirements for in-person voting.
  • Continued standardization of voter registration databases, so that they can be polled across states.

Third, with respect to polling places and pollworkers, we recommend:

  • Continued improvement of pollworker training and more reliance on network technologies to facilitate pollworker training.
  • Development of applications deployed on mobile devices that bring more information to pollworkers, and transmit real-time data about Election Day workloads back to the central voting office and the public at large.
  • Increased functionality of electronic pollbooks and their wider adoption.
  • Development of applications that gauge how long voters are waiting in line to vote, so that wait times can be better managed and reported to the public.

Fourth, regarding absentee and early voting our first two recommendations repeat those we issued a decade ago; the third is new:

  • Discourage the continued rise of no-excuse absentee balloting and resist pressures to expand all-mail elections. Similarly, discourage the use of Internet voting until the time when auditability can be ensured and the substantial risks entailed by voting over the Internet can be sufficiently mitigated.
  • Require that states publish election returns in such a way that allows the calculation of the residual vote rate by voting mode.
  • Continue research into new methods to get usable ballots to military and overseas civilian voters securely, accurately, and rapidly and to ensure their secure return in time to be counted.

And, finally, regarding the infrastructure and science of elections: » Continued development of the science of elections.

  • Continued, and expanded, support for the research functions of the Election Assistance Commission.
  • Development of an Electoral Extension Service, headquartered in each state’s land-grant colleges, to disseminate new ideas about managing elections in the United States.

Several items with which we fully endorse were covered in this report which sometimes are missing from the discussion or often underemphasised:

The Risks of Mail-in and No-Excuse Absentee Voting

The report thoroughly covers the disenfranchisement risks of mail voting which are about double polling place voting. Such voting does not increase turnout significantly, except in local elections. We would have liked to seen more coverage of the organized fraud, vote buying, and coercion frequently occurring via such voting. These are  not just theoretical risks. New to us was the surveys showing that the public at some level recognizes the risks and show less confidence in elections with expanded absentee or mail-in voting.

The Emphasis on Election Auditing over Machine Testing and Certification

It is theoretically impossible to develop or test a completely safe voting technology. Extreme testing and slow certification requirements stifle innovation, add costs, delay improvements and are ultimately ineffective. High confidence, efficient statistical audits, paper ballots, combined with a strong chain-of-custody are a necessary solution that eclipse the elusive pursuit of technical perfection.

The Need and Value of Quality Voter Registration Combined with Online Voter Check-in

The report points to the fallacy of votER fraud. Yet there are efficiencies and enhanced enfranchisement available from better, more accurage voter registration databases. There are solutions with online check-in that also provide voter-id without the disenfranchising aspects of the currently proposed voter-id laws.

The Challenges of the Election Technology Industry

My years of experience in the software industry always lead me to the conclusion that the election technology industry is a losing business proposition. While I am not enamored with any of the current voting technology vendors, there is little incentive for them or new players to enter the field. The closest analogy is the defense industry. That industry is not fragmented, has essentially one customer, which designs products and pays for research and development. The voting technology industry is fragmented and has a fragmented customer base, with varying demands, coupled with a very difficult sales environment.

Recognition of One of the Risks of the National Popular Vote Agreement

  • The proposed National Popular Vote (NPV) may have negative security implications, since the opportunity to perform proper post-election audits appears to be considerably diminished.

CTVotersCount readers know that we would go farther and cover the risks of a national popular vote in our current state-by-state fragmented system, not designed to provide an accurate national popular total. Alleged popular totals cannot be audited, cannot be recounted, and electors must be chosen before an official count is available. The National Popular Vote agreement does nothing to address the existing risk issues with the Electoral College and, in fact, adds to the risks.